Witness preparation is undoubtedly one of the most critical components of trial preparation since the strength (or lack thereof) of their testimony can make or break your case. 

This preparation entails ensuring your witness knows what to say and how to act in court and how to dress up for the court deposition. 

How Does Appearance Affect A Witness’s Credibility?

When going into a deposition, the credibility of your witnesses should be of utmost importance. As such, you want your witness to appear confident, collected, and clear when they take the stand. While the perceived credibility of your witness largely hinges on what they say and how they conduct themselves, it also depends on how they present themselves. 

Consequently, if your witness shows up to the deposition in improper attire, the judge and jury will likely not take their testimony seriously. On the contrary, they may not only perceive the witness as unserious but also as showing disrespect towards the court and the legal process. 

Therefore, when preparing for a hearing, you should ensure your witness understands the value of dressing appropriately. Having your witness present themselves in a befitting manner will ensure they are accorded the proper attention without having their way of dressing called into question by the court and jury. 

Clothes Make the Witness

Let’s face it, ascertaining an individual’s credibility isn’t always easy if you’re seeing them for the first time. However, it is easier to trust what they say if they are dressed professionally. This is because proper dressing encourages the perception that the individual is responsible. 

During a deposition, you want the court to pay attention to what your witness is saying, their general demeanor and body language, and less to who they are. However, if your witness isn’t dressed appropriately, their testimony can be negated by the court’s perception of their dress and grooming. 

Therefore, by convincing your witness to shun their t-shirt and sweatpants in favor of a suit, you help bolster their credibility in the eyes of the court and make them more relatable to the judges and jury. 

Here are some of the critical ways in which professional attire can benefit your witness preparation:

It Makes Your Witness Look Responsible

Taking the time and effort to dress respectably creates the impression that your witness respects the court and the legal proceeding. 

On the other hand, if they ignore their appearance and only focus on the testimony, they are likely to be perceived as contemptuous of the court. 

It Makes Them Appear Trustworthy

A witness’ manner of dressing can reveal crucial insights about their integrity. For instance, if a witness in a drunk driving case shows up dressed in board shorts and a Budweiser shirt, they are likely to be viewed with suspicion. 

Conversely, if they take to the stand in a suit, they project a sense of being serious about the case, which makes it easier for the court and jury to believe their testimony. 

It Makes Them Look Genuine

The attire of a witness speaks volumes about their sincerity. For example, if a witness attends a murder trial dressed up in a stained t-shirt and ripped jeans, the jury might think they don’t care and dismiss or question their testimony. 

Likewise, as a deposition attorney, you need the court to take your witnesses seriously, but this will only happen if your witness takes themselves seriously, starting with their dress and grooming.

Are you looking for an experienced court reporter in New Jersey? If so, contact us today!

What You Should Do

Pay keen attention to your subpoena

A subpoena is a writ issued by the court requiring someone to testify or become a witness. Unfortunately, subpoenas are not optional, meaning you have to attend court if you are issued with one. With this in mind, pay attention to your subpoena since ignoring could run you into trouble.

Communicate openly with your attorney

Your attorney expects you to be open and sincere from the onset to enable them prepare a clear and workable strategy. It’s impossible for the lawyer to devise a plan if they do not know the full story.

Follow the advice of your attorney

Your attorney is the person best suited to ask for directions on how to conduct yourself once you are called as a witness. They will help you go through the entire process appropriately. Make sure you ask any questions you need to know before going to court.

Be honest and speak concisely

Honesty is a virtue that can help you have a smooth day in court. With that said answer all questions honestly and speak clearly and concisely. Nonetheless, do not go overboard by answering questions you haven’t been asked.

Dress decently

Dress decently for the trial preferably in a formal suit or a dress. In any case, the clothes you wear can go a long way to define your personality. Make sure your hair is kempt, and be conservative on the makeup.

What Not to Do

Do not come drunk

Going to court intoxicated is not only a sign of disrespect, but it could also put you on the spot. The judge or jury may not take your word seriously if they find out you are drunk or high on drugs. The same applies to normal medications. Avoid taking medicines that could make you drowsy or sleepy during the trial.

Do not daydream or wander

Always stay focused at all times during court proceedings. This will help you avoid making mistakes when it’s your turn in the witness stand.

Do not explain more than you’ve been asked to

You might be excited during your first time in the witness stand, but this does not imply you over-answer questions. Just answer the question asked unless prompted by the judge, prosecutor or your attorney.

Do not ask for a break at trial

Do not request for a break midway through a trial. You should instead wait until the judge calls for one.

Do not answer something you did not understand or hear

Do not rush to answer a question you have not understood properly, as this could turn disastrous in the end. Instead, have the questioning lawyer to expound or ask the question again.

Do not try to be humorous

Being a court witness is a serious business with no room for humor or unnecessary drama. Trying to be sarcastic or humorous could run you into trouble with the judge, and you may end up in contempt.

Things to Do As A Witness

• Be Open With Your Attorney 

You are advised to be open and honest at all times. If you know the real story, however scandalous it is, the attorney will know the strategies to employ in the case.

• Honor Your Subpoena

When you get a subpoena, you should not ignore it as they are enforceable documents. Further, honoring all your subpoenas will make things easier for you during the underlying case, and even beyond it.

• Be Honest and Concise in Your Testimony 

When giving your testimony, answer all the questions in a clear and concise manner, and make sure to tell the truth. Lying will only make things more complicated for you.

• Dress Accordingly 

Courtrooms are formal places, and the outfit you wear as you take the stand should reflect that. Ideally, choose a formal outfit such as a well-pressed, suit and formal shoes, and avoid overdoing your hair and/or makeup. Also, go for dull colors as they fit the courtroom more than loud or bright colors.

• Listen to Your Attorney 

Your attorney knows all the things to do or say when doing a disposition, or giving testimony in court. So, before you take the stand, talk with them and ask all questions in regards to the whole process. Inform them of your fears and concerns and ask them for expert tips. 

Things Not to Do

• Don’t Over-Answer Questions 

When asked a question, give a clear and concise answer without going into much detail or explanations, unless prompted. This will save you from making contradicting statements.

• Don’t Try to Be Cute or Funny 

Being a witness in court is very much different from being a guest at the Ellen Show. While giving your testimony, try to be serious. Avoid the temptation to be sarcastic or flippant, as some judges may not take it kindly. Also remember that anything you say in court, including jokes, will be recorded, and taken literally – so only say things you mean.

• Don’t Space Out

Being a witness requires maximum focus and concentration to the questions asked. Avoid getting distracted or daydreaming, as it could result in (costly) mistakes.

• Don’t Answer A Question You Didn’t Comprehend 

If you didn’t hear or understand a question, request to have it asked again to avoid giving wrong answers that may cost you.

• Don’t Be Drunk! 

Really, this one is self-explanatory. Apart from alcohol and drugs making you look like a fool when answering questions, they may also make you drowsy and incoherent. In some cases, you may be held in contempt of court if you’re too intoxicated.